Right to refuse after buying tractor or machinery from a dealer if not as described

[welger rp 220]

Im currently looking for a 4wd tractor 90-100hp around 14-15k i cant justify a new tractor to have manufacturers warranty so a tractor at that price would be fairly old with no warranty..It got me thinking incase i bought a faulty tractor.My understanding with cars you have 30 days to reject the car if not as described if bought off a dealer
Does this apply to tractors and machinery unless obviously it was bought sold as seen?
I cant see any rights to refuse if bought off private
What are peoples experience with this?
Any machinery dealers here to clear some light?
Just wanted to know my rights incase the worst happens in buying something faulty

 

[Dave W]

In that price range you pay your money and take your chances especially in your pay of the world
maybe pay a mechanic to look over if you’re not confident.
Try and stack the odds in your favour and buy from someone reputable.
Or on the opposite end of the scale go buy one from auction and save yourself enough money to account for repairs

 

[balerman]

I don’t think you legally have the same rights in a business transaction as you do as a consumer.Go in with your eyes wide open and accept there will be little comeback in that price range.

 

[L P]

If a dealer sale then you have rights just the same as anything else, so long as invoice doesn't say sold as seen/described/parts etc

 

[milkloss]

If not as described then I think you have an argument but business wise even a credit card won't help you snatch your money back.

 

[L P]

If not as described then I think you have an argument but business wise even a credit card won't help you snatch your money back.

Financial Ombudsman for the unscrupulous dealer...

 

[David.]

Not going to be much warranty at that price level, but get anything promised in writing/email. Ask for contact details or name of previous owner, refusal to oblige if its bona fide off farm would put my back up, probably not possible if bought out of Cambridge.

 

[Drillman]

Buy from someone reputable. be fair with them and they be the same back with you.

I had reason to send a fairly low value machine back to a Indy dealer a few years back. I’m sure he cursed me behind my back but stood by me and his machine. Done business with him since and if asked would always recommend him.

edit- last year I bought a 110hp 40k tractor with aircon and press button gears and linkage for a lot less than the 14-15k budget, seller again was a reputable small dealer and did declare a known PTO fault, as it is we ran it for 6 months before having to open it up and spend £100 on parts. This year apart from an oil pressure switch it’s worked faultlessly. Even though it’s 30 year old.

 

[box]

Legally, I've got no idea.

The reality is, once you've paid the money, you (i.e., the average Joe Bloggs) can't make them do anything.

Buy off a reputable dealer, (i.e. before you buy, ask on here first if they're actually as good as they seem or if they're a bunch of f*ckwits).

At that price range, I'd expect a mechanically sound, serviced and work ready tractor that won't fall to bits the moment it's expected to earn it's keep. Expect it to have small niggles, make sure everything you want sorted out is done before you buy it.

 

[Dave W]

Im currently looking for a 4wd tractor 90-100hp around 14-15k i cant justify a new tractor to have manufacturers warranty so a tractor at that price would be fairly old with no warranty..It got me thinking incase i bought a faulty tractor.My understanding with cars you have 30 days to reject the car if not as described if bought off a dealer
Does this apply to tractors and machinery unless obviously it was bought sold as seen?
I cant see any rights to refuse if bought off private
What are peoples experience with this?
Any machinery dealers here to clear some light?
Just wanted to know my rights incase the worst happens in buying something faulty

Maybe go with the mindset it’s your responsibility to make sure what you’re buying is right rather than not do due diligence and cry about it after

 

[Drillman]

Maybe go with the mindset it’s your responsibility to make sure what you’re buying is right rather than not do due diligence and cry about it after

Sometimes it’s who you know rather than what you know when buying at the lower end of the price range.

 

[Alistair Nelson]

Quite Frankly the moment the money leaves your account your buggered with a lot of the dealers that operate at that end of the market as they operate on a sold as seen basis, so take a decent mechanic as a second set of eyes to reduce the odds in you favour.







Those that know, know and those that don't, just plain won't get it!!!!

 

[welger rp 220]

Thanks for the advice..I would only buy with a dealer that is fairly well known not someone that buys in auction pressure washes it and puts it on ebay/marketplace that evening ..Obviously not expecting a new tractor and can expect a few niggles like lights or gas struts etc not working but my main concern would be mechanical..Its one thing moving a tractor around a dealers yard and something totally different in working the machine where possible issues may flag up.If its advertised just a photo with a price and verbal description then im guessing its sold as seen as there is no description but if its described the best tractor since sliced bread,good working order, ready for work blah blah with no description of major faults in writing and turns out there is faults then surely there must be some sort of trade descriptions act..Unless of course it states sold as seen on the invoice after purchasing..Just my view on it but it would help to know before i dive in and buy a tractor

 

[Drillman]

Thanks for the advice..I would only buy with a dealer that is fairly well known not someone that buys in auction pressure washes it and puts it on ebay/marketplace that evening ..Obviously not expecting a new tractor and can expect a few niggles like lights or gas struts etc not working but my main concern would be mechanical..Its one thing moving a tractor around a dealers yard and something totally different in working the machine where possible issues may flag up.If its advertised just a photo with a price and verbal description then im guessing its sold as seen as there is no description but if its described the best tractor since sliced bread,good working order, ready for work blah blah with no description of major faults in writing and turns out there is faults then surely there must be some sort of trade descriptions act..Unless of course it states sold as seen on the invoice after purchasing..Just my view on it but it would help to know before i dive in and buy a tractor

You could easy spend £50k at a main dealer and it not work in the field. Been there done that sent it back, not the dealers fault either, I sincerely believe they had their leg lifted as well. The change of brand from blue to green was a giveaway as I reckon the dealer that sold the blue ones knew what was wrong so farmer wouldn’t have got much as green dealer offerEd.

 

[Dave W]

You could easy spend £50k at a main dealer and it not work in the field. Been there done that sent it back, not the dealers fault either, I sincerely believe they had their leg lifted as well. The change of brand from blue to green was a giveaway as I reckon the dealer that sold the blue ones knew what was wrong so farmer wouldn’t have got much as green dealer offerEd.

I hope you’re not suggesting a farmer wasn’t honest about a trade in

 

[Punch]

If not as described then I think you have an argument but business wise even a credit card won't help you snatch your money back.

Not quite right as I understand it. We purchased an item this Summer. Received a VAT receipt which checked out with a valid VAT no. Paid 50% deposit on bacs transfer from business account. Then come delivery date, when final 50% was due, the seller blocked us. Contacted bank next day and informed them of a suspected scam as well as an Action Fraud report and they snatched our money back. Lloyds account snatching back from a NatWest account.

 

[Clive]

Im currently looking for a 4wd tractor 90-100hp around 14-15k i cant justify a new tractor to have manufacturers warranty so a tractor at that price would be fairly old with no warranty..It got me thinking incase i bought a faulty tractor.My understanding with cars you have 30 days to reject the car if not as described if bought off a dealer
Does this apply to tractors and machinery unless obviously it was bought sold as seen?
I cant see any rights to refuse if bought off private
What are peoples experience with this?
Any machinery dealers here to clear some light?
Just wanted to know my rights incase the worst happens in buying something faulty

here is the AI answer

I'm not a lawyer, but in the UK, consumer rights generally apply to goods purchased from businesses and not private sellers. Here's a general overview based on your questions:

1. **Consumer Rights Act 2015**: When you buy goods from a business, the Consumer Rights Act 2015 provides certain protections. The goods must be:
- **Of satisfactory quality**: This means the tractor should be free from minor defects, safe, and durable for a reasonable length of time.
- **Fit for a particular purpose**: If you've specified a particular need to the seller, the tractor should meet that need.
- **As described**: The tractor should match any description given by the seller.

2. **Right to Reject**: Under the Consumer Rights Act, you have a short-term right to reject goods that are unsatisfactory in terms of quality, fitness for purpose, or description. This period is typically up to 30 days from the purchase. If the tractor is found to be faulty within this period, you can return it and get a full refund.

3. **Private Sellers**: If you buy from a private seller, the tractor just has to be 'as described'. The legal principle here is 'caveat emptor' or 'buyer beware'. The onus is on you, the buyer, to check the goods before purchase. However, if the private seller misrepresents the tractor (e.g., not disclosing known faults), you might have some legal recourse.

4. **Sold As Seen**: Some dealers might sell machinery "sold as seen", which can mean that you're accepting the tractor with all its faults, whether you've seen them or not. However, dealers can't avoid their responsibilities under the Consumer Rights Act by using this term.

5. **Warranty**: Even if a tractor doesn't come with a manufacturer's warranty due to its age, some dealers might offer their own warranties or guarantees. It's worth asking about this and getting any agreement in writing.

6. **Advice**: Before making a purchase, especially for something as significant as a tractor, it might be wise to have the machinery inspected by a professional or someone knowledgeable. This can give you peace of mind about the purchase and highlight any potential issues.

7. **Machinery Dealers**: While I can provide general advice, it might be beneficial to get insights directly from machinery dealers in the UK or consult legal advice to understand your rights in depth.

Remember, the information provided here is general in nature, and if you have specific concerns or questions, it's always a good idea to consult with legal professionals or relevant experts in the UK.

 

[Drillman]

I hope you’re not suggesting a farmer wasn’t honest about a trade in

Haha I think some porkies had been told…..

dealer wasn’t happy, the language used wasn’t good,

 

[bravheart]

You could easy spend £50k at a main dealer and it not work in the field. Been there done that sent it back, not the dealers fault either, I sincerely believe they had their leg lifted as well. The change of brand from blue to green was a giveaway as I reckon the dealer that sold the blue ones knew what was wrong so farmer wouldn’t have got much as green dealer offerEd.

Know what your saying and agree however there's been so many dealer/franchise changes many dealers of any colour have little knowledge of there now brand but of 4+ year old models.
Sounds like a dodgy trade in though!

 

[bravheart]

Just been to a main dealer too see a sold as seen tractor for yard work. Glad I did, had to be seen, pictures and price seemed reasonable!